Donald Trump, the incoming U.S. President, plans to sign an executive order on his first day in office to eliminate birthright citizenship for children of non-citizens and non-permanent residents.
This proposal, shared on the Trump-Vance campaign website, would require proof that at least one parent is a U.S. citizen or lawful permanent resident for their children to receive automatic citizenship.
Critics argue that this move challenges the 14th Amendment, which guarantees citizenship to all individuals born or naturalized in the U.S. Legal experts and immigration advocates believe this proposal contradicts longstanding legal precedents, such as the 1898 Supreme Court decision in United States v. Wong Kim Ark, which affirmed birthright citizenship for a child born to Chinese nationals during the Chinese Exclusion era.
This policy is particularly concerning for Indian nationals on H-1B visas who face lengthy green card backlogs. The existing annual cap of 140,000 employment-based green cards, coupled with a 7% per-country limit, has left over a million Indian professionals in limbo, with wait times stretching up to 134 years for certain skilled worker categories. Thousands of children born to these visa holders may lose their dependent status upon turning 21, forcing them to self-deport or switch visa categories. If birthright citizenship is revoked, families who once relied on their children’s citizenship for stability may face further uncertainty.
Immigration attorney Ashwin Sharma criticized Trump’s proposal as cruel, especially for Indian professionals contributing to the U.S. economy. According to him, these skilled workers, despite enduring years of green card delays, at least had the assurance that their U.S.-born children would have secure citizenship. The proposed order threatens to strip away this security.
Legal experts predict strong legal battles ahead if Trump moves forward with this policy. Attorney Cyrus D. Mehta argues that the courts will likely strike down the executive order, even if the case reaches a Supreme Court now filled with Trump-appointed justices. Mehta believes that H-1B visa holders, L-1 transferees, and F-1 students fall under the jurisdiction of the 14th Amendment, making the executive order vulnerable to legal challenges.
The proposed order could disproportionately affect the Indian American community, which includes nearly 4.8 million individuals, with 1.6 million born in the U.S. According to Rajiv S. Khanna, another immigration attorney, Trump’s plan is a direct violation of the 14th Amendment. He expects the Supreme Court to uphold the current interpretation of birthright citizenship if challenged.
As Trump prepares to enact this controversial policy, legal experts and advocates anticipate significant court battles, underscoring the high stakes for immigrant communities already facing challenges in their pursuit of permanent residency in the U.S.
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